Wage disputes can come in many forms. If you’re looking for an experienced team of Wage Dispute Lawyers to handle your employment law case, contact Heidari Law Group today for a free case evaluation.
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Wage Dispute Lawyer
A wage dispute occurs when there is a disagreement between an employer and an employee (or with a group of employees) over the amount of pay that an employee deserves for their work. There are several reasons why a wage dispute could occur. The most common reason why a wage dispute occurs includes a misclassification of the employee or a miscommunication on unpaid benefits. There have also been several instances where employers have withheld their employee’s pay simply because they would like to retaliate against the employee.
California and Nevada laws have several different labor and employment regulations in place that establish an employee the right to get paid for the hours that they have worked. In the event an employee has not been paid the wages they deserve, the employee could file a claim or a lawsuit against the employer.
Wage disputes can be complex and may involve issues related to employment law, labor unions, and contract negotiations. That is why it is important to have an experienced labor and employment attorney represent you in the event that you have been denied your rights.
Federal Law vs. State Law
Employers must abide by the Fair Labor and Standard Act (FLSA). The FLSA regulates how much the minimum wage and overtime wage should be. Employers must abide by both federal law and state laws. When the two laws are contradicting each other, they must abide by the highest pay. For example, if the minimum wage on the federal level is $9, but the state requires it to be $10, then the employer must abide by the highest number. The employee’s wages would then be $10.
What Are the Different Types of Actions I Could Take For A Wage Dispute?
- Legal action: When you file a civil lawsuit against your employer, you are seeking compensation for your lost wages. When you take legal action, a lawsuit is filed in court. you will need a highly qualified labor and employment attorney on your side to make sure that all of the legal requirements have been met.
- Filing a claim: You could file a claim with the California Labor department. When you file a claim, the department will then investigate the circumstances of the dispute. The department will then determine whether the employer or employee is liable.
- Reporting your employer’s actions internally: You could also report the incident to your company’s human resources department. Oftentimes, disputes are settled that way since the employer would want to handle them internally. Regardless, you will need an attorney to represent you and make sure that you are not taken advantage of.
Types of Disputes
There are two common types of wage disputes in California:
- Rights disputes: this occurs when the employee is claiming the workplace needs to include better working conditions. This involves the expectation of fair working conditions, along with fair employment practices.
- Interest disputes: this dispute is a disagreement between an employee and an employer regarding the finances the employee is to receive. This would include vacation days, lunch break, hourly pay, etc. This is the most common type of dispute that results in a lawsuit.
Which Employer Have to Follow Wage Laws?
Wage disputes can arise in any type of employment. The employer company does not need to have a specific number of employees, no employer is exempt from wage and labor laws. All employers are mandated to have a program in place that documents when employees arrive and leave work.
What Are Wage Disputes About?
The three types of wage and hour laws that exist for employees are:
- Wage: This is the amount an employee is paid hourly (or salary). The minimum wage is the least amount an employee could get paid, and the number increases annually.
- Breaks: Under California law, employees are allowed a 30-minute unpaid break for every five hours worked.
- Overtime: All employers must pay their employees overtime wages. The number is determined by multiplying the regular hourly wage by an hour and a half. Overtime hours are hours beyond the 40-hour work week for full-time employees.
What are the Examples of Wage Disputes?
- When an employee works overtime, and their employer refuses to pay them.
- When an employee considered an “independent contractor” is denied compensation.
- When employees are treated as “on call” and are not compensated for that time.
- When employees are paid the minimum wage set by the state. In California, the minimum wage is $14.00 In Nevada, the minimum wage is $8.00
- When an employee is refused pay because they have been classified as an “exempt” employee.
- When an employee is refused pay because they took the work home and completed it at home.
- When a former employee is not paid their severance.
- When an employee is declined their mandated lunch break.
What Type of Employee Can File a Wage Dispute Lawsuit?
We represent a variety of employees in wage dispute claims throughout California, including (but not limited to):
- Those who are self-employed
- High level executives
- Employees (hourly and salary)
What Is An Exempt And A Non-Exempt Employee In California?
Many employees do not know what they are classified as. Employees are either exempt or nonexempt in California. Misclassification of these two types of employees oftentimes leads to a wage dispute.
- Nonexempt employees are those who could receive overtime and meal breaks.
- Exempt employees are those who are paid twice the minimum wage and do not receive overtime or breaks. Exempt employees are not subject to many labor laws. Types of exempt employees include independent contractors.
What Are Examples of Wrongful Termination?
Many employees are scared of bringing a dispute claim against their employer for fear of retaliation. There are several laws in place that ensure an employer does not retaliate against an employee. The different types of retaliation are:
- Decreasing the working hours of the employee for no good cause
- Transferring the employee to another location without good cause
- Firing the employee
- Failing to continue to provide wage payments
If you have experienced any of the above types of wrongful termination, you have the right to file a lawsuit to get compensated for your wages and the rights that have been taken advantage of. Give us a call today to discuss your options.
During our free consultation, we may request specific documents and detailed information from you in order to piece together exactly what happened. For example, a couple things we may ask from you include:
- The date the dispute started
- The names, positions, and contact information of the parties involved
- The last day you worked
- Employment contract
- Place of employment
To better determine if you have a valid wage dispute claim against your employer for unpaid wages, contact our experienced attorneys at Heidari Law Group today.
Our top-rated employment attorneys will:
- Investigate the claim to build a strong case
- Evaluating the employment contracts and employee manuals
- Negotiating with the employer
- Representing the employee in court if the case goes to trial
If you or a loved one have been denied compensation for hours worked, you may be eligible for compensation to recover damages owed to you. If you believe you have been cheated out of getting your hard-earned money, our labor dispute attorneys may be able to get back pay, along with liquidated damages for your unpaid hours.
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